PRIA, Government Policy, Made Personal

Summary

The President can suspend the economic embargo of Cuba after sending a determination under section 6063(c)(1) that a transition government is in power and after talking with Congress. The President may suspend enforcement of five specific legal provisions: section 2370(a); section 2370(f) as it applies to the “Republic of Cuba”; sections 6003, 6004(d), and 6005; section 902(c) of the Food Security Act of 1985; and the transaction bans in part 515 of title 31, Code of Federal Regulations. If the President later sends a determination under section 6063(c)(3) that a democratically elected government is in power, the President must end the embargo, including the part 515 restrictions. On that date, section 2370(a) is repealed, the phrase “Republic of Cuba” is removed from section 2370(f), sections 6003, 6004(d), and 6005 are repealed, and section 902(c) of the Food Security Act of 1985 is repealed. When the President suspends the embargo under section 6063(c)(1), he must tell Congress right away and then report on Cuba’s progress at least every 6 months until he sends the section 6063(c)(3) determination. The suspension ends if Congress passes a specific joint resolution disapproving the President’s action. Such joint resolutions go to the House Committee on International Relations or the Senate Committee on Foreign Relations, follow the Senate procedure in section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, the House may treat the motion to consider them as highly privileged, and no more than one such joint resolution may be considered in any 6-month period.

Title 22, §6064

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(1) of this title that a transition government in Cuba is in power, the President, after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action created in section 6082 of this title with respect to actions thereafter filed against the Cuban Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.

(b)Suspension of certain provisions of law

In carrying out subsection (a), the President may suspend the enforcement of— (1)

(2)section 2370(f) of this title with respect to the “Republic of Cuba”;

(3)section 6003, 6004(d), and 6005 of this title;

(4)section 902(c) of the Food Security Act of 1985; and

(5)the prohibitions on transactions described in part 515 of title 31, Code of Federal Regulations.

(c)Additional Presidential actions

Upon submitting a determination to the appropriate congressional committees under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power, the President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal Regulations.

(d)Conforming amendments

On the date on which the President submits a determination under section 6063(c)(3) of this title—

(1)section 2370(a) of this title is repealed;

(2)section 2370(f) of this title is amended by striking “Republic of Cuba”;

(3)section 6003, 6004(d), and 6005 of this title are repealed; and

(4)section 902(c) of the Food Security Act of 1985 is repealed.

(e)Review of suspension of economic embargo

(1)Review

If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 6063(c)(3) of this title that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described in paragraph (2).

(2)Joint resolutions

For purposes of this subsection, the term “joint resolution” means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on __.”, with the blank space being filled with the appropriate date.

(3)Referral to committees

Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations.

(4)Procedures

(A)Any joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

(B)For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

(C)Not more than 1 joint resolution may be considered in the House of Representatives and the Senate in the 6-month period beginning on the date on which the President notifies the Congress under paragraph (1) of the action taken under subsection (a), and in each 6-month period thereafter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 902(c) of the Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(4), is section 902(c) of Pub. L. 99–198, which is set out as a note under section 1446g of Title 7, Agriculture. section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (e)(2), is subsec. (a) of this section. section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (e)(4)(A), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§6064 Termination of Economic Embargo of Cuba